Surendra Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52905 of 2023 Arising Out of PS. Case No.-8115 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Surendra Kumar Gupta, Son of Harilal Sah, Resident of Mohalla- Maszid Gali, In Front of House of Raman Singh, Golghar Chauraha, PS- Gandhi Maidan, District- Patna, State- Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sunil Kumar Gupta, Son of Late Harilal Sah. Resident of Mohalla- Maszid Gali, In Front of House of Raman Singh, Golghar Chauraha, PS- Gandhi Maidan, District- Patna, State- Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamlesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-08-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Complaint Case no. 8115(C) of 2021, wherein cognizance has been taken under section 420 of the Indian Penal Code.

3. As per the prosecution case narrated by the complainant in the complaint, the brother of the complainant ie the petitioner herein got a job in the Electricity Department on compassionate ground on the death of their father. It is stated

Patna High Court CR. MISC. No.52905 of 2023(2) dt.19-08-2023 2/3 that at the time of getting the job, he had promised to look after the family. Instead he is not looking after the family, he grabbed the jewellery of their mother and is also purchasing land in his name by different sale deeds. He is not abiding by the agreement entered into between the family members nor is he partitioning the properties.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. From the contents of the complaint as also the statement of the complainant on S.A., it is clearly evident that it is as a result of family dispute that the instant false case has been registered to put undue pressure on this petitioner. From the complaint it would transpire that the petitioner is working in the Electricity Department.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the complaint, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Complaint Case no.8115(C) of 2021, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.52905 of 2023(2) dt.19-08-2023 3/3 two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Patna. (Partha Sarthy, J) avinash/- U T